Extensive growth in Canada’s condominium (strata) market presents unique legal issues and considerations. Within our broader national Real Estate practice, our team of development lawyers support clients with a practical approach to doing deals, and strategic insight into business, municipal and regulatory issues impacting the market.
We deliver value by focusing on the issues that matter: from doing the deal, and developing creative and proactive structuring to risk mitigation strategies.
We advise Canada’s most prominent residential property developers, construction companies, and other market players on issues spanning from land procurement, structuring and financing to municipal planning and construction concerns.
We provide advice at all stages of the project from initial planning of the development through to the general meeting for the turnover of the building to the new owners.
We assist with:
- Land assembly and acquisition
- Structuring the developer entity and associated management agreements
- Planning the development and re-development of complex mixed-use urban sites and resort communities
- Municipal planning and approvals
- Construction agreements, including preparation and review of Canadian Construction Documents Committee (CCDC) agreements and supplemental conditions
- Negotiating complex multi-party development agreements
- Equity, mezzanine and construction financing agreements
- Drafting and registration of condominium/strata plans
- Airspace parcel subdivisions and associated documentation
- Negotiating third party easements, rights of way and covenants to facilitate construction
- Redevelopment or substantial renovation of condominium projects
- Court approval of amendments to phased strata/condominium plans
- Changes to limited common property and unit entitlement
- Sale or acquisition of common property or other assets
- Advising on rental bylaws and noise issues
- Handling claims of builders lien
- Managing insurance and warranty claims
- Litigation, mediation and arbitration, including claims involving purchasers, construction trades and other service providers
- Employment and occupational health and safety
- Commercial agreements including utility, telecommunications, property management, shared facility and reciprocal agreements
Bennett Jones